HomeMy WebLinkAboutOrd 375 Amending the zoning of 9 acres at the corner of Precinct Line And Dove from Retail to ResidentialTOWN OF WESTLAKE
ORDINANCE NO. 375
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS BY AMENDING THE
OFFICIAL ZONING MAP TO REZONE THOSE TRACTS OF LAND AND
CERTAIN PROPERTIES DESCRIBED HEREIN AND SHOWN ON EXHIBIT
"A" TO "R-1" ESTATE RESIDENTIAL CHANGING THE ZONING MAP TO
REFLECT SAID REZONINGS; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY
CLAUSE; AND PROVIDING FOR. AN EFFECTIVE DATE.
WHEREAS, on August 24, 1992, the Board of Aldermen of the Town of
Westlake, Texas adopted a Comprehensive Plan for the Town; and
WHEREAS, on November 13, 1992, the Board of Aldermen of the Town of
Westlake, Texas adopted a Comprehensive Zoning Ordinance; and
WHEREAS, on September 15, 1997, based upon the recommendations of the
Planning and Zoning Commission, the Board of Aldermen of the Town of Westlake,
Texas amended the Zoning Ordinance and the subdivision regulations by adopting a
Unified Development Code for the Town of Westlake (the "Town"); and
WHEREAS, the Town has published notice in an official newspaper and sent
written notice to each resident and landowner affected by the proposed change, all in
accordance with the notice of provisions of Chapter 211 of the Local Government Code
of Texas; and
WHEREAS, Article III, Section 2, D of the "Rules for Interpretation of District
Boundaries" of the Comprehensive Zoning Ordinance authorizes boundaries to be
determined according to the scale of the Official Zoning Map in cases where no specific
distances are indicated on the Official Zoning Map; and
WHEREAS, the boundaries of the property to be rezoned has been determined
according to the scaled distances of the Official Zoning Map as amended February 7,
1997 by Ordinance 262, and
WHEREAS, the Town has proposed this zoning change to the Comprehensive
Zoning Ordinance of the Town and has received a report from the Planning and Zoning
Commission of the Town, as required by State statutes and the conditions and
prerequisites have been complied with, the case having come before the Board of
Aldermen (Board) of the Town after all legal notices, requirements, conditions and
prerequisites have been complied with and;
Page 1 of 4
WHEREAS, the Board, at a public hearing called by the Board, did consider the
following factors in making a determination as to whether the requested changes should
be granted or denied: safety of the motoring public and the pedestrians using the facilities
in the areas immediately surrounding the effected zoning districts; safety from fire
hazards and measures for fire control, protection of adjacent property from flood or water
damages, noise producing elements and glare of the vehicular and stationary lights and
effect of such lights on established character of the neighborhoods, location, lighting and
types of signs and relation of signs to traffic control and adjacent property, street size and
adequacy of width for traffic reasonably expected to be generated by the proposed uses
around the effected zoning districts and in the immediate neighborhoods, adequacy of
parking, location of ingress and egress points for parking, and protection of public health
and the general welfare, effect on light and air, the effect on the transportation, water,
sewerage, schools, parks and other facilities; and
WHEREAS, the Board further considered the character of the effected zoning
districts and their peculiar suitability for particular uses and with the view to conserve the
value of buildings, encourage the most appropriate use of land throughout this town; and
WHEREAS, the Board does find that there is a public necessity for the proposed
zoning ordinance amendments, that the public demands it, that the public interest clearly
requires the amendment, that the zoning ordinance amendments do not unreasonably
invade the rights of those who bought or improved property with reference to the
classifications which existed at the time their original investment was made; and does
find that the changes in the zoning ordinance lessen the congestion in the streets, help
secure safety from fire, panic and other dangers; promote health and the general welfare;
provide adequate light and air; prevent the overcrowding of land; avoid undue
concentration of population; facilitates the adequate provisions of transportation, water,
schools, parks and other public requirements; and
WHEREAS, the Town Board has determined that there is a necessity and need
for these changes in the zoning ordinance and has also found and determined that there
has been a change in the condition; and therefore, feels that changes in the zoning
ordinance are needed, are called for, and are in the best interest of the public at large, the
citizens of the Town, and help promote the general health, safety, and welfare of this
community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: All matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
Page 2 of 4
SECTION 2: The property being rezoned by this action shall be generally
described as follows:
Approximately 9 acres of land located in the C.M. Throop Survey A-
1510, Tarrant County, Texas being generally described as having a
scaled width of 800 feet east of said C.M. Throop Survey A-1510 and a
scaled depth of 465 feet south of the center line of Dove Road said
parcel being the southeast intersection of Precinct Line Road and Dove
Road.
SECTION 3: The Comprehensive Zoning Ordinance of the Town of Westlake,
Texas shall be amended so that the permitted uses for the property described in Section 2
of this ordinance be rezoned from "LR" Local Retail to "R-1" Estate Residential as
shown on Exhibit " A" and as described in Section 2, above.
SECTION 4: Sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word
in this Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the Board hereby declares that it
would have passed such remaining portions of this Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5: This Ordinance shall be cumulative of all other ordinances of the
Town affecting the regulations of land and zoning and shall not repeal any of the
provisions of those ordinances except in those instances where the provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance.
SECTION 6: It shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any provision hereof shall
be fined, upon conviction, in an amount not more than Two Thousand Dollars ($ 2,000)
and a separate offense shall be deemed committed each day during or on which a
violation occurs or continues.
SECTION 7: This Ordinance shall become effective upon its passage by the
Board of Aldermen.
PASSED AND APPROVED ON THIS 14TH DAY OF AUGUST, 2000.
Page 3 of 4
ATTEST:
/ , (q
ming Crosswy, Town ecretary
APPROVED AS TO FORM:
i
Scott Bradley, Mayor
Trent O. Petty, Town Mii&aiger
Page 4 of 4
EXHIBIT "A"
r rti w r r r w r r r r r�
i
1
Amendment to
Comprehensive Land Use heap
Sy y�Y
774
SCALE: 1 "= 1,000'
r• t